Indiana

Indiana Law

Indiana Domestic Violence Firearm Purchase and Possession Prohibitions

Indiana prohibits persons convicted of domestic battery from possessing a firearm.1

A court issuing a domestic violence order for protection after notice and a hearing may “[p]rohibit a respondent from using or possessing a firearm, ammunition, or deadly weapon as specified by the court[.]”2

INDIANA CIVIL DOMESTIC VIOLENCE ORDER FOR PROTECTION FIREARM REMOVAL

Domestic Violence Civil Orders for Protection that Require Removal

Indiana does not require removal of firearms or ammunition from subjects of domestic violence orders for protection; however, a court issuing a domestic violence order for protection after notice and a hearing may order a respondent to surrender firearms, ammunition, or deadly weapons.3

A court issuing an ex parte order for protection may “[o]rder other relief necessary for the safety and welfare of a petitioner and each designated family or household member.”4

Individuals Who May Petition for an Order for Protection

Family or household member:

1. Spouse or former spouse;
2. Persons who are currently dating or formerly dated;
3. Persons currently or formerly engaged in a sexual relationship;
4. Persons related by blood or adoption;
5. Persons currently or formerly related by marriage;
6. Persons who have or previously had an established legal relationship:
   1. As a guardian of the other person;
   2. As a ward of the other person;
   3. As a custodian of the other person;
   4. As a foster parent of the other person;
   5. In a similar capacity as those listed in i-iv.
7. Persons who have a child in common;
8. Minor children of one of the persons listed in subsections a-g.5

Removal Process

As noted above, a court issuing a domestic violence order for protection after notice and a hearing may “direct the respondent to surrender to a specified law enforcement agency the firearm, ammunition, or deadly weapon for the duration of the order for protection unless another date is ordered by the court.”6 Indiana law further states that a judge may order “a respondent to surrender to a law enforcement officer or agency all firearms, ammunition and deadly weapons: (1) in the control, ownership, or possession of a respondent; or (2) in the control or possession of another person on behalf of a respondent; for the duration of the order of protection unless another date is ordered by the court.”7

Penalties for Violation

A person who violates a domestic violence order for protection is guilty of invasion of privacy, a Class A misdemeanor,8 and indirect contempt of court.9